Maguire Construction, Inc. v. Forster

LEVY, J.,

with whom, SAUFLEY, C.J., joins, dissenting.

[¶ 15] The Court’s decision to permit interlocutory appellate review in the circumstances of this case arises from a desire to ameliorate the burdens mechanic’s *818liens place on property owners. For the following three reasons, I believe that this new and unconditional opportunity for interlocutory appellate review will have the paradoxical effect of imposing greater burdens on all of the parties to a mechanic’s lien action.

[¶ 16] First, M.R. Civ. P. 3 provides that when a complaint or return of service is not timely filed, the action may be…